Kyle v. Wiley

HOOD, Judge.

This appeal is from an order dismissing an amended complaint and our first question is whether the appeal was timely taken. The question arises from the following circumstances. A motion to dismiss the amended complaint, having been previously denied, was reheard and taken under advisement by the trial court. On October 6 the motion was granted and entry to that effect made in the docket. On October 7 notice of the court’s action was mailed to the parties. October 8 was a Sunday and appellant’s counsel probably received notice on October 9. Notice of appeal was filed on October 18.